Policies » Section G: Personnel » GBCD: Background Investigation And Criminal Records Check

Policy Date: 04/09/2024

ASD File: GBCD
See also IJOC
AUBURN SCHOOL DISTRICT
BACKGROUND INVESTIGATION AND CRIMINAL RECORDS CHECK

Background Investigation

The Superintendent, or his/her designee, will conduct a thorough investigation into the past employment
history, criminal history records, and other appropriate background of any applicant as defined in this
policy. This investigation shall be completed prior to making a final offer of employment, approving the
contract with an individual contracting directly with the District, or approving the assignment of
an employee of a contractor, a student teacher, or designated volunteer to work within the District.

The Superintendent shall develop a background investigation protocol for use in completing a
background investigation and shall keep a written record of all background investigations which
have been done. For the purposes of this policy the term “applicant” shall include an applicant for
employment by the District, an individual with whom the District may contract to provide services
directly to students, any person identified by a contractor with the District whom the contractor
proposes to assign to provide services directly to students, student teachers who are proposed to be
placed in a District school, and designated volunteers. All applicants will be subject to a criminal
records history check meeting the minimum requirements of law, however, the Superintendent’s protocol
may specify additional background check steps for specific groups of employees, such as verifying the
educational achievements and employment history of an applicant for a teaching position. The
Superintendent’s protocol shall include a list of felonies and misdemeanors, in addition to those
specified in RSA 189:13-a, V, convictions of which shall be disqualifying. The protocol shall require
that an analysis be conducted of any pending charges or convictions for crimes not on the statutory list
of disqualifying offenses to determine whether the applicant should be disqualified. The protocol shall
take into consideration the time which has passed since the conviction, the facts and circumstances of
the charge or conviction, evidence of successful rehabilitation and an extended period of lawful behavior.
For charges pending disposition for offenses not on the statutory list of disqualifying offenses, which
the applicant discloses or which come to light during the background check, the Superintendent shall
consider all reliable information in assessing the applicant’s suitability. The Superintendent shall
assess whether, in light of the totality of the circumstances, the pending charges or convictions raise
reasonable cause to doubt the applicant’s suitability for the position.

As part of the application process, each applicant shall be asked whether he/she has ever been
convicted of any crime that has not been annulled and whether there are any criminal charges pending
against him/her at the time of application. The applicant will also be directed to report any criminal
charges brought against him or her after the application is submitted and until either hired or notified
that he or she will not be hired. The falsification or omission of any information on a job application,
during the pendency of the application, or in a job interview, including, but not limited to, information
concerning criminal convictions that have not been annulled or pending criminal charges, may be
grounds for disqualification from consideration for employment or immediate discharge from employment.

Any applicant for employment for whom the Board requires a criminal history records check or their
employer in the case of an employee of a contractor shall pay all fees and costs associated with the
fingerprinting process and/or the submission or processing of the requests for the criminal history
records check, unless otherwise determined by the Board. Fees or costs associated with a background
check of a volunteer should be borne by the district.

Criminal History Records Check

Each applicant must submit to a background check and a criminal history records check with the State of
New Hampshire, including FBI national records as required by RSA 189:13-a and RSA 189:13-b.
Refusal to provide the required criminal history records release form and any other required
releases to authorize a background check will result in immediate disqualification and no further
consideration for the position.

Volunteers

Designated Volunteers are subject to a background investigation/criminal records check and the
provisions of this policy. “Designated Volunteers” are defined and so designated pursuant to
Policy IJOC. Volunteers not categorized as “Designated Volunteers” per Policy IJOC will not be
subject to a background investigation or criminal records check.

Bus Driver and Monitors

Bus drivers and bus monitors employed by contractors shall have their criminal history records
checks processed by the New Hampshire Department of Education (NHED) as require by RSA 189:13-a
and RSA 189:13-b. Although NHED will conduct the criminal history records checks, the
Superintendent or designee shall require a background investigation.

Substitute Teachers in SAU

Substitute teachers working in other districts in SAU 15 who have undergone a criminal history
records check within the last three years under RSA 189:123-a shall not be required to undergo
an additional criminal history records check unless required by the Superintendent.

Conditional Offer of Employment

Persons who have been selected for employment may be given a conditional offer of employment,
with the final offer subject to the successful completion of the background check, the State
and FBI criminal history records check, and a determination that there are no disqualifying
pending charges or convictions.

No applicant selected for employment shall be extended a conditional offer of employment until
the Superintendent, or his/her designee, has initiated the formal State and FBI criminal history
records check process and a background investigation.

Any person who is offered conditional employment, by way of individual contract or other type of
letter of employment, will have clearly stated in such contract or letter of employment that
his/her employment or approval to work within the District as a contractor or employee of a
contractor is entirely conditioned upon the results of a criminal history records check and
background check being satisfactory to the District.

Final Offer of Employment

A person who has been extended a conditional offer of employment or conditional approval to work
within the District as a contractor or employee of a contractor may be extended a final offer of
employment or final approval upon the completion of a criminal history records check and a
background check which is satisfactory to the Superintendent.

No person with a conditional offer of employment shall be extended a final offer of employment if such
person has charges pending or has been convicted of any crime listed in RSA 189:13-a, V; or where
such person has been convicted of the same conduct in another state, territory, or possession of
the United States; or where such person has been convicted of the same conduct in a foreign country.

In addition to the felonies listed as disqualifying in pertinent and applicable law, a person may be
denied a final offer of employment if he/she has charges pending or has been convicted of any crime,
either a misdemeanor or felony, provided the basis for disqualifying the candidate is job related
for the position in question and is consistent with business necessity. Such determination will be
made by the Superintendent in accordance with the established protocol and on a case-by-case basis.
If the Superintendent chooses to nominate an applicant who has a history of conviction of a crime
or with pending charges for a position that must be approved by the School Board, the School Board
shall be informed that a criminal history exists, or that charges are pending. Pursuant to
regulations of the United Stated Dept. of Justice, and RSA 189:13-a, the Superintendent may NOT
share with the Board information directly gleaned from the criminal history records check
regarding specific criminal charges, arrests or convictions, etc.

The Superintendent, or designee, will transmit each applicant’s Criminal Record Release Authorization
Form and, where inked cards are used, the applicant’s fingerprint cards to the State Police. The
State Police will then conduct the criminal history records check and will provide the Superintendent
with the applicant’s criminal history record or confirmation that the individual does not have a
record of being charged with or convicted of a crime. In accordance with RSA 189:13-a, III the
Superintendent or designee (Director of Curriculum, Instruction and Assessment, Human Resources
Director, or Business Administrator) shall review the criminal history record form the State Police
and shall destroy the document as required by RSA 189:13-a, III-a.

When the District receives a notification of an employee, contractor, contractor’s employee, or
volunteer being charged with or convicted of a disqualifying offense under RSA 189:13-a, the
Superintendent’s protocol, or other crime which is evidence of the individual’s unsuitability
to continue in their role, the Superintendent shall take immediate appropriate action to remove
the individual from contact with students. The Superintendent will then take appropriate
employment or other action, consistent with law and any applicable employment agreement or
contract to address the individual’s ongoing relationship with the District. If the applicant’s
criminal history indicates that the applicant has been charged pending disposition for or has
been convicted of a crime listed in RSA 189:13-a, V, the Superintendent shall notify
the New Hampshire Department of Education.

Additionally, a person may be denied a final offer of employment if the Superintendent becomes
aware of other conduct which he/she determines would render the person unsuitable to perform
the responsibilities of the position involved. Such determinations shall be made on a
case-by-case basis.

Additional Criminal Records Checks

The Board may require a criminal history records check of any employee, an individual with whom the
District has contracted to provide services directly to students, any person identified by a contractor
with the District who has been assigned to provide services directly to students, student teachers
who are placed in a District school, and designated volunteers at any time.

Child Sexual Abuse Prevention Education and Training

Any person required to have a criminal background check under this policy shall be provided
informational materials, training, or other education, either online or in person, concerning
child abuse, or reporting mandates. The training must be completed within thirty days of
employment or commencement of services to the district and renewed every two years.

Legal References:
RSA 189:13-a, School Employee and Volunteer Background Investigations,
RSA 189:13-b, School Bus Driver and Transportation Monitor Criminal History Records Check

Revised: January 1998
Adopted: November 10, 1998
Revised: January 13, 2009, December 13, 2016, January 10, 2017, January 9, 2018,
August 22, 2023, April 9, 2024